Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power of court - Exercise thereof - Held, power u/s 319 of Cr.P.C. being extra ordinary power should be exercised sparingly only if compelling reasons exist in taking cognizance against other person against whom action has not been taken - All that is required by court for invoking its powers..........
Negotiable Instruments Act, 1881, Section 138(c), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, a pre mature complaint after service of notice within fifteen days, if filed, is maintainable, but summoning order can be issued and cognizance can be taken after a period of expiry of fifteen days of service of notice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in course of business transactions and dishonoured when presented for encashment on ground of insufficient funds - Magistrate recorded his satisfaction to proceed and summon accused - Accused had ample opportunity to raise objection regarding his defence - Objection to recall order of..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant on affidavit - Evidence of complainant may be given on affidavit not only during the course of trial but even pre-summoning stage i.e., before issue of process pursuant to S.204 Cr.P.C. - Provision of S.145 of the Act has overriding effect to the contrary provisions in..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning on the basis of dying declaration - Court can summon an additional accused on the basis of dying declaration...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning on the basis of dying declaration - An additional accused can be summoned on the basis of dying declaration even without going into the truthfulness of the dying declaration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of payment of marble purchased - Dispute regarding purchase and delivery of marble - Application moved by petitioner to summon Income-tax returns with a view to see that amount of cheque has been shown outstanding or not - Summoning allowed with direction that same would be..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Successive applications - Not maintainable - But rejection of earlier application no bar for summoning witness when same is found necessary - First application u/s 311 dismissed on the ground that the same was filed to delay proceedings - Second application dismissed as the same was not filed by public..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - Neither mentioned in complaint nor in statement or in counter affidavit - Even during arguments complainant could not point out date of service of notice - In absence of date of service of notice, no offence u/s 138 of the Act is made out against the accused - Order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused residing beyond jurisdiction of Court - Summoning order passed relying upon the statement of complainant and documents tendered in evidence - Set aside as procedure envisaged u/s 202 Cr.P.C. not followed - In a case where accused is residing beyond jurisdiction of Court, Magistrate has to..........